Do I have a right to know why I was being detained? Is hearsay a good enough reason to pull me over?
This happened in Florida.
I was leaving a bar during closing time with a friend, I have not been drinking but only just hanging out with a couple of friends that have, as I was leaving I bumped into a guy on accident and the guy got offended and let the alcohol take over him, I apologized to him and continued walking out the door to leave the bar cause they were closing. I couldn't find one of my friends so I went back in the bar and when I came back out I bumped in the same guy but it seems as if he made it happen. I apologized again and he got verbal with me and started to square up with me, the guys buddy was jumping around acting the fool. I didn't want no problems out these guys, I was scared to turn my back on them so I eased to walk backwards to get out the situation. Finally I see my lost friend and we get in my car and left. The cops were called at the altercation at the bar, when the cops came the guys that was getting loud with me told the cops that we said we had guns but they didn't see any guns.
A mile down the road I pull in to a parking spot and then I was getting out when I noticed a police office behind me. The police officer told us to get back in the car and so I and another friend got back in but my other friend that was lost earlier didn't he continued on, I was told to get out so I got out with my hands in the air as my friend was not doing what the police officer said I had my hands up and asked the cop from a distance "what did I do" and looked back at my friend and asked him to calm down and to quit being dumb and do what he says, he responds to me and the cop and says he didn't have to do what the cop says I said yes you do now get down as I was showing him I was getting down on my knees to influence him to get on the ground. The whole time the cop is screaming at us to get on the ground, the whole incident lasted about 30 to 40 seconds till we were cuffed. They put us in separate vehicles and did a search on my car, at this point I still had no clue why we were being detained. As the cops are doing a search I am not worried cause I know we don't have anything that we could get in trouble with. Next thing I know the cop comes and opens the door and asks me if I wanted the doors locked in my car, I said yes am I being arrested? He says yes. I say for what? He says Possession of Marijuana under 20 grams. I'm confused why cause I know we didn't have any weed (I don't even smoke weed nor do I drink) but apparently when I couldn't find my friend at the bar he was not to be found cause he was getting weed, I DID NOT know he had weed and asked them if they had anything on them before getting in the car. Also they found the Marijuana in the passenger side floorboard. (which is where my friend that was acting out of control was sitting.)
My friend was charged with Resisting arrest Without Violence and Possession Under 20 grams. The State dropped the possession on him and kept the charge of resisting without violence, in which he pleaded no contest to and got a year probation.
Note: I was ONLY charged with the possession under 20 grams by the Police Office.
At court the state picked up and charged me with Resisting Arrest Without Violence and eventually dropped the Possession of Marijuana under 20 on both of us.
I am taking it to trial and am waiting for jury pick.
Reminder: The cop DID NOT charge me with resiting but the state did, the cop only charged me with possession.
I don't see why I am being charged with resisting arrest without violence all I did was asked the officer what it was I did? Is that a crime and is hearsay from them guys a good enough reason to even pull me over and detain me?
I'm also confused why they dropped the Possession Under 20 Grams on bot of us, could someone answer that question to, was it cause my 4th amendment was violated? I dunno.
What is the chances of me beating this resisting arrest without violence in court or should I sellout to probation (which I don't want to cause I feel I did nothing wrong), I wasn't even being arrested in the first place to even resist. So, how can I even get a resisting arrest charge without violence if I wasn't even being arrested.I just wanted to know why the cop was even there.
Reminder: I DID NOT know weed was in the car nor did we say anything about guns to the guys at the bar.
On the police report the cop said I peeked over the roof and ducked out of sight, only time I did that is when I got out the car and was told to get back in. I have the police report if anyone wants to read it if so, leave an Email address to where I could send it.
Thanks for reading, I know it was kinda long. I have in here a few questions that I would like to be answered. I will appreciate it if I could get them answered. I'm just stressed out.
Please state your expertise.
- BruceLv 71 decade agoFavorite Answer
The burden of proof required to detain someone is "reasonable suspicion". That is a US Supreme Court decision, so it is the same in every state.
Hearsay applies to admissibility of statements in court, it does not apply on the street. The officer is always going to consider safety first and foremost.
The police acted in good faith based on the information given that you had guns. The fact the information was false is the fault of the person you had an altercation with, not the police. The Fourth Amendment protects people from the government, it does not protect citizens from other citizens. Therefore, no rights were violated by the police.
Charges can be amended at any time. It is not unusual for charges to be added, dropped, or changed. The prosecuting attorney has the ultimate decision, so it is legal to have charges added at a later time.
As far as why the dropped possession and added the resisting, I would have to see the police report to have an opinion.Source(s): Law enforcement since 1991
- 5 years ago
In my unprofessional opinion, a police officer is not obligated to inform you why you are being detained. In fact, years ago I was detained because I fit a general description of an armed robber. After a witness cleared me, I was then told the reason. This may have been police procedure at the time.